Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-22
lNFoR NATION
FOR.
OWNERS AND LOcATOss
10Y.
MI IL M Il -s
APPLICATION FOR PATENT.

~ III WLIHuEAWn ~
eral Land Office. oen
An application will be rejected When tho
scraptlon OF the premises is erroneous or
sufficient.
cause: A''eo'eu De-
First TIL notice was published withoutth.
knowledge of the Register.
"a notice was not published in
new designated as published nearsstt tn
claim.
Third-Record title was found defec,iv.
and "fs'
Fourth--A previous application had bs.n
made for the same premises, which was w,tS
drawn pending a suit in Court commencea IE
the adverse claimant.
An application for patent will ba rs;ao..
when the survey does not accurately deina ~
boundaries OF the claim. ae
Where the claim was not located IN go.
ance with law. ooTu-
Where several parties OWN separate and Az
tinct portions Of q claim, application -.
patent may be made by either for tnst portion
OF the claim owned by him; but where so.a..
parties own undivided interests ia . ninaaa
claim all should join in an Application so.s
patent.
A person or association may purchase a.
many placer locations Is the local law admits.
and embrace them all in one application for /.
patent.
Two or more lodes cannot be embraced !,
one application for q patent except for placer
claims embracing TWO or more lodes within
their boundaries
Papers sworn to before any person purport.
ing to act as a deputy for the Register and IA.
ceiyer cannot be recorded az evidence.
In all patents for mining claims situatea
within the interior boundaries of q town site
q clause is inserted Excepting and exoluding
all town property, rights upon the surfaee'
and ell houses, buildings. structures. lots
blocks, streets, alleys or other municipni i'm
provements not belonging to the grantee here.
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made n only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 90 days must elnpse between The
drst and last insertions.
Where the Register d designate the daily issua
of a newspaper for publication Of notices Of a
mining application for patent ii is not . com.
pliance with law TO change to the weekly edi.
tioa of the same paper without authority Of
the Register.
The existence OF o salt spring on . tract Of
land withdrsws II from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
1t il alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once hled,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed it can
not be amended SO as 20 embrace q larger per-
ton OF the promises than that described in the
original adverse claim,
An adverse claim must be made out In
proper form and filed in the proper local Office
during the period Of publication of the sppli-
cation for the patent to be effective.
1t is the duty OF the adverse claimant o
commence suit in proper form within the re-
quired time, and If he trusts The uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the cor rupto or dishonest action OF his attorney,
the interior Department cannot redress the
wrong.
An adverse claimant should set forth In do.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law, without stating the
facts specially, Will not he considered ia evil
dence.
An adverse claimant should show a compli-
ance with the local laws In recording hts claim
and in regard to expenditures, and shall ME .
copy of the original notice of his location, and
show the nature or extent OF the connics
alleged.
An allegation Of parties TO a suit that they
compose the company IL sufficient, and they
are not required 20 prove that they arc the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little. II any value, for agri'
cultural purposes. but IL essential to the
proper development of mining claims, 1t
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled NJ any time
prior to issuance of patent. upon satisfactory
evidence OF tho existence of such valuable de.
posits.
Where valuable deposits of mineral are dis
covered upon q tract after the same aas been
entered as agricultural. but before l ltent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes a citizen
before disposing of the mine. Proof that the
party was not a citizen before disposing OF bis
claim must be anfmatively shown.
Locstors and intermediate owners, other
than applicants, will not be presumed aliens,
in the absence Of allegation or objection prior
to issuance OF patent.
The portion of q mining claim sold 10 ~
alien cannot be patented whilc suoh owner 10
an alien; but on HIS declsrationi o become :
citizen his right dates back to HIS purchase
aud he may thereupon secure United sts'e'
patent for his claim.
CROSS LEpoEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or inIefs.o,
each other. priority Of title shall govern, al.
such prior location shall be entitled 10 al Or
or mineral cont ined within the space OF ,n.o,
section, but the subsequent location shall nav
the right Of way through the space OF ln.o.
section for the purpose OF the conVenIen
working Of the mine. And where W or no,
veins unite the oldest or prior iocauon snai
take the vein below the point or union' ~
Guiding all the space of intersection.
TUNNELS.
There Ia no authority of law Tor . tunnt
location 5000 by /, 500 feet. A proper iocatio
is the width of the tunnel for 5000 feet.
There is no provision OF law Tor pstentih
tunnel locations, but lodes discovered In ruI
ming a tunnel may be patented In like name
as other lodes.
The ripht "a granted to tunnel owners !